AQUINO v.

COMELEC
G.R. No. 189793. April 7, 2010
Perez, J.

TOPIC: TOPIC (Based on the Syllabus): Composition of House of Representatives

(The case focused on Article VI, Section 5(3)

FACTS:
 Senator Benigno Simeon C. Aquino III and Mayor Jesse Robredo, as public
officers, taxpayers and citizens, seek the nullification as unconstitutional of
Republic Act No. 9716, entitled "An Act Reapportioning the Composition of the
First (1st) and Second (2nd) Legislative Districts in the Province of Camarines
Sur and Thereby Creating a New Legislative District From Such
Reapportionment."
 The said law created an additional legislative district for the Province of
Camarines Sur by reconfiguring the existing first and second legislative districts
of the province
 The first district municipalities of Libmanan, Minalabac, Pamplona, Pasacao, and
San Fernando were combined with the second district Municipalities of Milaor
and Gainza to form a new second legislative district.
ISSUES:
 Whether or Not RA 9716 violates Article VI, Section 5(3) of 1987 Constitution.

RULING:
 No, RA 9716 does not violate the Article VI, Section 5(3) of 1987
Constitution.

Any law duly enacted by Congress carries with it the presumption of

constitutionality. Before a law may be declared unconstitutional by this Court,
there must be a clear showing that a specific provision of the fundamental law
has been violated or transgressed. When there is neither a violation of a specific
provision of the Constitution nor any proof showing that there is such a violation,
the presumption of constitutionality will prevail and the law must be upheld. To
doubt is to sustain.

There is no specific provision in the Constitution that fixes a 250,000 minimum

population that must compose a legislative district.

As already mentioned, the petitioners rely on the second sentence of Section

5(3), Article VI of the 1987 Constitution, coupled with what they perceive to be
the intent of the framers of the Constitution to adopt a minimum population of
250,000 for each legislative district.
 The second sentence of Section 5(3), Article VI of the Constitution, succinctly
provides: "Each city with a population of at least two hundred fifty thousand, or
each province, shall have at least one representative."

The provision draws a plain and clear distinction between the entitlement of a city
to a district on one hand, and the entitlement of a province to a district on the
other. For while a province is entitled to at least a representative, with nothing
mentioned about population, a city must first meet a population minimum of
250,000 in order to be similarly entitled

The use by the subject provision of a comma to separate the phrase "each city
with a population of at least two hundred fifty thousand" from the phrase "or each
province" point to no other conclusion than that the 250,000 minimum population
is only required for a city, but not for a province.

Plainly read, Section 5(3) of the Constitution requires a 250,000 minimum

population only for a city to be entitled to a representative, but not so for a
province.

CONCLUSION:
The petition is DISMISSED. Republic Act No. 9716 entitled "An Act
Reapportioning the Composition of the First (1st) and Second (2nd) Legislative Districts
in the Province of Camarines Sur and Thereby Creating a New Legislative District from
Such Reapportionment" is a VALID LAW.